O-1 Petition Requirements
To qualify for an O-1 visa, the beneficiary must demonstrate extraordinary ability by sustained national or international acclaim and must be coming temporarily to the United States to continue work in the area of extraordinary ability.
O-1 Extensions
An initial O-1 petition can be filed for up three years. Subsequent extensions may be for no more than one year at a time. There is no limit to the number of possible one-year extensions. Once an O-1 has been approved, subsequent extensions require a completely NEW reassessment of the O-1’s extraordinary contribution to the field.
Release of Controlled Technology
Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR) determine whether a license is required from the U.S. Department of Commerce or the U.S. Department of State to allow an international employee access to controlled technology or technical data.
This attestation is required for all 0-1 petitions. Hiring departments: Download the certification form.
Non-Cornell O-1s
It is possible for an individual, agent, or attorney to petition for O-1 status. For example, an agent could submit a petition for a famous personage to go on a speaking tour at multiple U.S. locations.
In these cases, non-Cornell O-1s may be paid only if Cornell University was named in the O-1's original I-129 petition to U.S. Citizenship and Immigration Services.
Two-Year Rule
Individuals who are subject to the two-year home-country residency requirement under previous J-1/J-2 classification are eligible to apply for an O-1 visa.
Such individuals, however, are not eligible for a change to O-1 status within the United States. They must apply for an O-1 visa abroad and reenter the United States with O-1 status.